S*275 Session 112 (1997-1998)
S*0275(Rat #0285, Act #0271 of 1998) General Bill, By Leventis, Courson,
Glover, Gregory, Hutto, Jackson, Land, McConnell, McGill, Moore, O'Dell,
Passailaigue, Ravenel, Reese, M.T. Rose, Russell, Ryberg, Thomas and Waldrep
Similar(H 3125)
A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 8
TO CHAPTER 3, TITLE 47, SO AS TO PROVIDE FOR THE STERILIZATION OF DOGS AND
CATS.
01/30/97 Senate Introduced and read first time SJ-3
01/30/97 Senate Referred to Committee on Agriculture and Natural
Resources SJ-3
03/11/97 Senate Committee report: Favorable with amendment
Agriculture and Natural Resources SJ-17
03/12/97 Senate Amended SJ-34
03/12/97 Senate Read second time SJ-34
03/13/97 Senate Read third time and sent to House SJ-17
03/18/97 House Introduced and read first time HJ-8
03/18/97 House Referred to Committee on Agriculture, Natural
Resources and Environmental Affairs HJ-8
03/18/98 House Committee report: Favorable Agriculture, Natural
Resources and Environmental Affairs HJ-7
03/19/98 House Read second time HJ-12
03/19/98 House Unanimous consent for third reading on next
legislative day HJ-13
03/20/98 House Read third time and enrolled HJ-7
04/01/98 Ratified R 285
04/08/98 Became law without Governor's signature
04/08/98 Effective date 04/08/98
04/21/98 Copies available
04/24/98 Act No. 271
(A271, R285, S275)
AN ACT TO AMEND THE CODE OF LAWS OF SOUTH
CAROLINA, 1976, BY ADDING ARTICLE 8 TO CHAPTER 3, TITLE
47, SO AS TO PROVIDE FOR THE STERILIZATION OF DOGS AND
CATS.
Be it enacted by the General Assembly of the State of South Carolina:
Sterilization of dogs and cats
SECTION 1. Chapter 3, Title 47 of the 1976 Code is amended by
adding:
Article 8
Sterilization of Dogs and Cats
Section 47-3-470. As used in this article:
(1) 'Animal Shelter' means:
(a) a facility operated by or under contract for the State or a
county, a municipal corporation, or other political subdivision of the State
for the purpose of impounding or harboring seized, stray, homeless,
abandoned, or unwanted dogs, cats, and other animals;
(b) a veterinary hospital or clinic operated by a veterinarian or
veterinarians which operates for the purpose set forth in subitem (a) in
addition to its customary purposes;
(c) a facility operated, owned, or maintained by an incorporated
humane society, animal welfare society, or other nonprofit organization
for the purpose of providing for and promoting the welfare, protection,
and humane treatment of animals.
(2) 'Humane society' means an unincorporated nonprofit
organization existing for the purpose of prevention of cruelty to animals.
(3) 'Public or private animal refuge' means harborers of unwanted
animals of any breed, including crossbreeds, who provide food, shelter,
and confinement for a group of dogs, a group of cats, or a combination of
dogs and cats.
(4) 'Sexually mature animal' means a dog or cat that has reached the
age of one hundred eighty days or six months or more.
(5) 'Sterilization' means the surgical removal of the reproductive
organs of a dog or cat in order to render the animal unable to reproduce.
Section 47-3-480. (A) A public or private animal shelter, animal
control agency operated by a political subdivision of this State, humane
society, or public or private animal refuge shall make provisions for the
sterilization of all dogs or cats acquired from the shelter, agency, society,
or refuge by:
(1) providing sterilization by a licensed veterinarian before
relinquishing custody of the animal; or
(2) entering into a written agreement with the person acquiring the
animal guaranteeing that sterilization will be performed by a licensed
veterinarian within thirty days after acquisition of a sexually mature
animal or no later than six months of age except upon a written statement
issued by a licensed veterinarian stating that such surgery would threaten
the life of the animal.
(B) This section does not apply to a privately owned animal which the
shelter, agency, society, or refuge may have in its possession for any
reason if the owner of the animal claims or presents evidence that the
animal is his property.
(C) All costs of sterilization pursuant to this section are the
responsibility of the person acquiring the animal and, if performed before
acquisition, may be included in the fees charged by the shelter, agency,
society, or refuge for the animal.
(D) A person acquiring an animal from a shelter, an agency, a society,
or a refuge which is not sterile at the time of acquisition shall submit to
the shelter, agency, society, or refuge a signed statement from the licensed
veterinarian performing the sterilization required by subsection (A) within
seven days after sterilization attesting that the sterilization has been
performed.
Section 47-3-490. A person who fails to comply with Section
47-3-480(A)(2) or 47-3-480(D) must forfeit ownership of the dog(s) or
cat(s) acquired from the shelter, agency, society, or refuge which adopted
the animal to the owner. In addition to forfeiting ownership, the person
who acquired the animal must pay to the shelter, agency, society, or
refuge the sum of $200.00 as liquidated damages. Such remedies shall be
in addition to any other legal or equitable remedies as may be available
to the shelter, agency, society, or refuge for breach of the written
agreement as provided for in Section 47-3-480(A)(2) or failure to comply
with Section 47-3-480(D).
Section 47-3-500. This article does not prohibit the adoption by a
political subdivision of this State of shelter policies which are more
stringent than the requirements of this article.
Time effective
SECTION 2. This act takes effect upon approval by the Governor.
Became law without the signature of the Governor -- 04/08/98. |